SB 335 VA

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Affirmative defense or reduced penalty for mental illness, neurocognitive disorder, or intellectual or developmental disability. Provides an affirmative defense to prosecution of a person for assault or assault and battery against certain specified persons for which the enhanced Class 6 felony and six-month mandatory minimum apply if such person proves, by a preponderance of the evidence, that at the time of the assault or assault and battery (i) the person's behaviors were a result of (a) mental illness or (b) a neurocognitive disorder, including dementia, or an intellectual disability or a developmental disability such as autism spectrum disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association, or (ii) the person met the criteria for issuance of an emergency custody order.The bill requires such person or his counsel to give notice in writing to the attorney for the Commonwealth at least 60 days prior to his trial in circuit court, or at least 14 days if the trial date is set within 21 days of his last court appearance, of his intention to present such evidence. Additionally, if such notice is not given, and the person proffers such evidence at his trial as a defense, then the court may in its discretion either allow the Commonwealth a continuance or, under appropriate circumstances, bar such person from presenting such evidence; any such continuance shall not be counted for speedy trial purposes pursuant to relevant law.Lastly, the bill provides that if such person does not prove that his behaviors were a result of his mental illness, intellectual disability, developmental disability, or neurocognitive disorder but the evidence establishes that his mental illness, intellectual disability, developmental disability, or neurocognitive disorder otherwise contributed to his behaviors, the finder of fact may find such person guilty of a Class 1 misdemeanor. The bill also provides that such affirmative defense shall not be construed to allow an affirmative defense for voluntary intoxication. This bill is identical to HB 246.

• Jennifer B. Boysko Democratic · primary

1. Jan 13, 2026 Prefiled and ordered printed; Offered 01-14-2026 26100581D · upper
2. Jan 13, 2026 Referred to Committee for Courts of Justice · upper
3. Jan 27, 2026 Fiscal Impact Statement from Department of Planning and Budget (SB335) · upper
4. Feb 9, 2026 Reported from Courts of Justice with amendments (10-Y 5-N) · upper
5. Feb 10, 2026 Rules suspended · upper
6. Feb 10, 2026 Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A) · upper
7. Feb 10, 2026 Passed by for the day Block Vote (Voice Vote) · upper
8. Feb 11, 2026 Read second time · upper
9. Feb 11, 2026 Courts of Justice Amendments agreed to · upper
10. Feb 11, 2026 Engrossed by Senate as amended (Voice Vote) · upper
11. Feb 12, 2026 Fiscal Impact Statement from Department of Planning and Budget (SB335) · upper
12. Feb 12, 2026 Read third time and passed Senate (26-Y 14-N 0-A) · upper
13. Feb 13, 2026 Fiscal Impact Statement from Department of Planning and Budget (SB335) · upper
14. Feb 17, 2026 Placed on Calendar · lower
15. Feb 17, 2026 Read first time · lower
16. Feb 17, 2026 Referred to Committee for Courts of Justice · lower
17. Feb 18, 2026 Reported from Courts of Justice (15-Y 7-N) · lower
18. Feb 20, 2026 Read second time · lower
19. Feb 23, 2026 Read third time · lower
20. Feb 23, 2026 Passed House (56-Y 39-N 0-A) · lower
21. Feb 24, 2026 Enrolled · upper
22. Feb 24, 2026 Bill text as passed Senate and House (SB335ER) · upper
23. Feb 24, 2026 Fiscal Impact Statement from Department of Planning and Budget (SB335) · upper
24. Feb 24, 2026 Signed by Speaker · lower
25. Feb 24, 2026 Signed by President · upper
26. Mar 10, 2026 Enrolled Bill communicated to Governor on March 10, 2026 · upper
27. Mar 10, 2026 Governor's Action Deadline 11:59 p.m., April 13, 2026 · executive
28. Apr 13, 2026 Governor's recommendation received by Senate · executive

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Governor's Recommendation · HTML
• Enrolled · PDF
• Enrolled · HTML
• Engrossed · PDF
• Engrossed · HTML
• Courts of Justice Amendment · HTML
• Introduced · PDF
• Introduced · HTML